AGRARIAN LAWS, enactments framed at different times by the Romans to regulate the public domain. In the first epoch of the growth of Rome, before the city had extended beyond the Palatine Hill, the whole soil of the state was undivided public property, and from the state, consisting exclusively of citizens, every citizen received a share for his private use. In principle all the land was therefore undivided public property, and the citizen could only acquire possession as tenant at will of the state. In course of time, however, the descend ants of the original founders, or the patricians, transformed these primitive concessions into an absolute right called in the Roman law de jure quiritio. During the entire existence of the republic the principle was recognized that all lands and personal property acquired by con quest were acquired for the state, and could only become the property of individuals through the cession to them of the rights of the state. As conquest increased the publicproperty, and the class of plebeians was formed, the Roman government gave them an interest in the public domain as private property on condition of their paying a tribute and undertaking other public services. The patricians, however, al ways preserved their ancient right of receiving in possession and using portions of the public property on paying to the public treasury a tithe of its product. From the earliest period of Roman history lands thus held could pass as an inheritance to children, and were even sold under this uncertain tenure, while the state always reserved the power to resume posses sion. Spurius Cassius, a patrician, on becom ing consul in the early period of the republic, caused a law to be enacted that some portion of the public lands, long before conquered, but occupied by the Roman nobles, shall be sur rendered to the state and assigned to the needy citizens. The law remained a dead letter be
cause of the resistance of the patricians, who not only prevented any new divisions of the public lands, but by violence or usury acquired those of theplebeians. The keeping of large flocks of cattle practically ruined the common pasture lands, and in fact excluded the small farmers from them. • This caused the publica tion, in 367 a.c., of the Licinian law, so called from Licinius Stoto, its originator. For a brief period this law was put in force, after which it was neglected for nearly 200 years, when it was renewed by Tiberius Gracchus with some additions and modifications in favor of the patricians. The attempt to execute these laws caused the death of the two Gracchi (133 and 121 ac.). Not one of the Agrarian laws was ever executed, and it is said by the ablest writers that they had none of that leveling and confiscatory character which has been so often attributed to them. It is believed by able writers that none of the laws aimed at the equal division of real estate owned by indi viduals in their own absolute right, or intended any limitation upon the ownership of land. The most prominent advocates of the Agrarian laws, Cassius, Licinius and the Gracchi, all belonged to the class which would have been injured by their operation had they led to an undue inter ference with the right of private property. .